Silk Fairies Inc. provides a line of maternity / non maternity gowns for your use. Use of any rental services provided by Silk Fairies Inc. (the “Services”), is governed by the following terms (the “Agreement”). By using the Services you (‘you” or “Renter”) consent to be bound by the Agreement and acknowledge your agreement to its terms. If you do not agree to be bound by this Agreement, you may not use the Services. All use by you of the Services is governed by this Agreement.
Please read the Agreement carefully, because it is a legal contract and imposes obligations on you as a user of the Services.
BEFORE CLICKING ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE “I ACCEPT” BOX, YOU WILL BE BOUND BY THIS AGREEMENT, AND YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT YOU ARE EITHER EIGHTEEN YEARS OF AGE OR HAVE THE INVOLVEMENT AND APPROVAL OF YOUR PARENT OR LEGAL GUARDIAN. BY CLICKING THE “I ACCEPT” BOX, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE SERVICES.
ARTICLE 2: RENTAL
You agree that you are renting the Dress and that Silk Fairies Inc. retains all ownership in the Dress. You agree to pay the rental fee set forth on the website and other fees, damages, taxes, and costs including but not limited to late fees or liquidated damages. Rental fees include delivery costs for shipment to you and return to Silk Fairies Inc. We charge your credit card at the time of the rental reservation for the rental amount, delivery charges, and taxes set forth on the website. You may cancel a reservation up to 24 hours after placing your order. If you cancel after that time but before shipment, Silk Fairies Inc. will refund your credit card on file in an amount equal to at least 50% of the cost of the dress rental (exclusive of shipping and other costs). Reservations that is cancelled after shipping label has been created is non refundable. It is your responsibility to inspect the Dress upon delivery and confirm that you received the Dress you ordered. In the event you receive a Dress that is not the Dress you ordered, you should contact Silk Fairies Inc. immediately and return the Dress within 24 hours once one of our customer service representatives confirms the incorrect dress was indeed received. Silk Fairies will ship you out a Dress that is the one you requested if available or one similar to it if it is not available.
Upon delivery, use of the Dress is at Renter’s risk. Renter assumes sole responsibility for the Dress while in Renter’s possession. Renter shall be liable for any loss, theft, damage, staining or destruction of the Dress while in possession of the Dress in addition to any charges incurred for the rental of the Dress. Renter must return all rented Dresses in the condition in which it was delivered to Renter. If there is a spill and stain, please do your best to stop the stains from setting. Small rips or other minor repairs will be charged a repair fee if reparable and not is a noticeable section of the dress. Damage to the Dress that cannot be repaired including punctured holes due to high-heels or anything similar including stains that are not removed with cleaning will require Renter to pay for the 100% the cost of a new garment. You can purchase insurance for $5 for minor wear and tear: lost beads, stuck zipper, and small rips along seems and hems capable of repair. You agree to allow Silk Fairies Inc. to use the credit card at the time of purchase to cover any repairs, damages, replacement of a Dress and/or late fees associated with your rental of the Dress at the time of the return of the Dress. If the Dress you rented is returned in a timely manner and there is no cause for further charges as set forth in this Agreement, Silk Fairies will not charge your credit card beyond the amount collected at the time of the rental.
ARTICLE 3: RENTAL PROCESS
You will receive a clean, thoroughly inspected Dress from Silk Fairies Inc. on or before the date you have requested. The Dresses are previously worn and some signs of use should be expected. Along with the Dress you will receive the Instructions on the return label and package. It is your responsibility to hold on to this shipping material until it is time to return the Dress. If you lose this shipping material, you must ship the Dress at your own expense and provide a tracking number to Silk Fairies Inc.. You have seven days from the requested start date to have the Dress shipped back to Silk Fairies in the shipping material provided to you. In order to be considered shipped within a timely manner, the return package must be in the shipping process on the end date communicated to you at the time of purchase and delivery. By way of example, if a package is dropped in a box at 11:00PM on the end date, the package will not ship that day and you will incur a late fee. Late fees are $25 per day per dress and can accumulate up to 200% of the Dress's retail cost.
ARTICLE 4: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SILK FAIRIES INC. OR ITS EMPLOYEES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR MISUSE OF, OR THE INABILITY TO USE, THE CONTENT OR SERVICES, EVEN IF SILK FAIRIES INC. OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL SILK FAIRIES INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE DRESS EXCEED THE AMOUNT PAID BY YOU TO SILK FAIRIES INC. FOR THE DRESS. BY USING THE SERVICES YOU AGREE THAT THE SERVICES, INCLUDING THE DRESSES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED BY SILK FAIRIES INC. AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 5: INDEMNIFICATION
Renter agrees to defend, indemnify and hold harmless Silk Fairies Inc. and its owners, officers, shareholders, operators, agents and employees (each individually, an “Indemnitee”) from all actions, suits, claims, demands, and proceedings (“Claims”), and any judgments, damages, losses, debts, liabilities, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs of court) resulting therefrom whether arising out of contract, tort, strict liability, misrepresentation, violation of applicable law and/or any cause whatsoever brought or commenced by any person or entity against any Indemnitee for the recovery of damages for the injury, illness and/or death of any person, or loss or damage of property arising out of or alleged to have arisen out of the use of the Dress rented by Renter.
ARTICLE 6: MISCELLANEOUS
This Agreement contains the complete expression of the agreement between the parties with respect to the matters addressed herein and there are no promises, representations, or inducements except as herein provided. The terms and provisions of this Agreement may not be modified, supplemented or amended by you. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by your successors and permitted assigns. No transfer of any right or interest of Renter under this Agreement, in whole or in part (whether voluntarily or by operation of law), directly, indirectly or contingently, shall be permitted without the prior written consent of Renter. Silk Fairies Inc. may assign this Agreement without the consent of Renter. Failure by either party hereto to enforce at any time or for any period of time any provision or right hereunder shall not constitute a waiver of such provision or of the right of such party thereafter to enforce each and every such provision. Silk Fairies Inc. shall not be responsible for delay or failure in performance resulting from acts beyond its control. Such acts shall include, but not be limited to an act of God, an act of war, riot, an epidemic, fire, flood or other disaster, an act of government, or a strike or lockout. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of New York.
Contact: Silk Fairies Inc.
EMAIL: firstname.lastname@example.org FACEBOOK: Silk Fairies Maternity
FACEBOOK: Silk Fairies Maternity